Author name: Ashwini Vaidialingam

SpicyIP Weekly Review (November 5-11)

/ By / Others

The topical highlight of the week is Divij’s post breaking news on recent developments in the ongoing feud between artists and copyright societies. The Enforcement Directorate has raided five major music companies in connection with their alleged misappropriation of artists’ royalties. As Divij notes, this is possible the first time a criminal complaint has been registered (under the PMLA) against IPRS in this dispute. The accompanying penal consequences may be a turning point in this battle. The thematic highlight of …

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Re-Tweeting Into Trouble

/ By / Copyright

A few weeks ago, Keith Bell, the author of a sports psychology book titled ‘Winning isn’t normal’ instituted proceedings against Pennsylvania-based King’s College and its sports coach for copyright infringement. What is remarkable about this suit is that it claims the infringement arose from an act of re-tweeting. The original tweet, containing photos  (which is arguably copyrightable content) of certain pages of Bell’s book  had been posted by a different user, the Northeastern State University Baseball team. Twitter has general …

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SpicyIP Weekly Review (October 8-14)

/ By / Others

This week’s topical highlight was Rajiv’s post on Quickcompany, an exciting new venture in the IP field. Quickcompany has collated all trade mark related data in India, and offers users the ability to undertake a variety of TM-related searches. It has also generated a report tracking trends in filings and registrations, and right holder preferences between 2008 and 2017 (till the month of July). Rajiv, in his post, has included said results, which make for very interesting reading. The thematic highlight for …

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Part II: Union of India v. BCCI – ‘Doosra’ from the Supreme Court on Broadcast of Cricket Matches by Prasar Bharti

/ By / Copyright, Others

In Part I, I had discussed the legal framework and the background in which the dispute between Prasar Bharti and the BCCI and Star India/ESPN arose. In Part II of this two-part past, I examine the recent decision of the Supreme Court. Interpreting S. 3, Sports Act, 2007 The appellants’ main argument was to urge the Supreme Court to take a purposive view of the law. As noted in Part I, the objective of the Prasar Bharti, under the Prasar …

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Part I: Union of India v. BCCI – ‘Doosra’ From The Supreme Court on Broadcast of Cricket Matches by Prasar Bharti

/ By / Copyright, Others

On August 22, 2017, the Supreme Court brought to a conclusion a long-running dispute between Prasar Bharti, and the BCCI and its licensees on the issue of re-transmission of live feeds of cricket matches. In Part I of this two-part post, I discuss the legal framework that applies, and the background in which the dispute arose. In Part II, I examine the Supreme Court’s decision. India’s multi-billion dollar cricket industry thrives primarily on the advertisement revenue it rakes in from …

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SpicyIP Weekly Review (September 3-9)

/ By / Others

This week’s thematic highlight was Prof. Basheer’s and Pankhuri’s fantastic two-part post on open access at the Indian Patent Office, dealing specifically with the difficulty of accessing, and poor intelligibility of, the documents uploaded on the IPO website. In Part I, they demonstrated this with the help of the three compulsory licensing orders that have been passed by the IPO. Thereafter, in Part II, they concluded their analysis and advanced specific suggestions to improve transparency at the IPO and make patent data …

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